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through it establish or permit any such practice or practices of discrimination or segregation with
<br />reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants,
<br />sublessees or vendees in the Security. The foregoing covenants shall run with the land.
<br />ARTICLE 6
<br />HAZARDOUS WASTE
<br />Trustor shall keep and maintain the Property in compliance with, and shall not cause or
<br />permit the Property to be in violation of any federal, state or local laws, ordinances or regulations
<br />relating to industrial hygiene or to the environmental conditions ("Environmental Laws") on,
<br />under or about the Property including, but not limited to, soil and ground water conditions.
<br />Trustor shall not use, generate, manufacture, store or dispose of on, under, or about the Property
<br />or transport to or from the Property any flammable explosives, radioactive materials, hazardous
<br />wastes, toxic substances or related materials, including without limitation, any substances
<br />defined as or included in the definition of "hazardous substances," hazardous wastes,"
<br />"hazardous materials," or "toxic substances" under any applicable federal or state laws or
<br />regulations (collectively referred to hereinafter as "Hazardous Materials") except (x) as
<br />permitted under Environmental Laws; (y) such of the foregoing as may be customarily used in
<br />construction or operation of a residential development; or (z) such of the foregoing as was
<br />present on the Property prior to Trustor's acquisition of the Property.
<br />Trustor shall immediately advise Beneficiary in writing if at any time it receives written
<br />notice of (i) any and all enforcement, cleanup, removal or other governmental or regulatory
<br />actions instituted, completed or threatened against Trustor or the Property pursuant to any
<br />applicable federal, state or local laws, ordinances, or regulations relating to any Hazardous
<br />Materials, ("Hazardous Materials Law"); and (ii) all claims made or threatened by any third party
<br />against Trustor or the Property relating to damage, contribution, cost recovery compensation,
<br />loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (i) and (ii)
<br />above are hereinafter referred to as "Hazardous Materials Claims").
<br />Beneficiary shall have the right to join and participate in, as a party if it so elects, any
<br />legal proceedings or actions initiated in connection with any Hazardous Materials Claims.
<br />Beneficiary shall have its reasonable out-of-pocket attorneys' fees in connection therewith paid
<br />by Trustor, only if Trustor has failed, based on reasonable evidence produced by Beneficiary, to
<br />adequately defend such Hazardous Materials Claims. Trustor shall indemnify, defend, and hold
<br />harmless Beneficiary and its councilmembers, supervisors, directors, officers, employees, agents,
<br />successors and assigns from and against any loss, damage, cost, expense or liability directly or
<br />indirectly arising out of or attributable to the use, generation, storage, release, threatened release,
<br />discharge, disposal, or presence of Hazardous Materials on, under, or about the Property arising
<br />or occurring upon or after the Trustor's acquisition of the Property, including without limitation:
<br />(a) all actual, non -consequential damages; (b) the costs of any required or necessary repair,
<br />cleanup or detoxification of the Property and the preparation and implementation of any closure,
<br />remedial or other required plans; and (c) all reasonable costs and expenses incurred by
<br />Beneficiary in connection with clauses (a) and (b), including but not limited to reasonable
<br />attorneys' fees and consultant's fees. This indemnification applies whether or not any
<br />government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and
<br />expenses covered by this indemnification provision include, but are not limited to: (1) losses
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